Date: Thu, 09 Feb 1995 16:29:51 -0800 From: dbatterson@attmail.com (David Batterson) The State of Oregon's OCA Just Won't Go Away! by David Batterson PORTLAND, OR--Even though voters in Oregon last November defeated the anti-gay and lesbian initiative--Ballot Measure 13--promoted by the rightwing Oregon Citizens Alliance (OCA), the leader of the OCA has started a petition drive to put a third such measure on the 1996 ballot. Ballot Measure 13 was defeated by 51 to 49 percent, and the similar 1992 Ballot Measure 9 was rejected by a 57-43 margin. OCA Chairman Lon Mabon thinks that the third measure has a good chance of passing. With the conservative tide of Newtbies sweeping the U.S., he may be right. The OCA is supported by other rightwing individuals and groups, including Pat Robertson's Christian Coalition. The anti-OCA campaign has been supported by Portland area businesses such as U.S. Bank, US WEST, Portland General Electric (PGE) and Nike. Film director Gus Van Sant has also contributed money and held fundraisers to fight the OCA. Ken Harrison, chairman of PGE, said in an August 1994 letter to all employees that "I cannot be supportive of any measure that uses differences as a basis for denying fundamental human rights. Further, I am skeptical of the organization that is trying falsely to clothe this measure in the sheep's clothing of 'no special rights.' I do not believe in special rights or 'protected status'; neither do I believe in legalized license for discrimination." During the fall campaign, No on 13 Campaign director Julie Davis (an openly-lesbian former aide to lesbian state representative Gail Shibley) said that the issue is "about how we relate to one another. Do we have the ability to talk about our differences and deal with them one-on-one, or do we become a state that cannot tolerate the fact that as individuals we may have differences in what we believe and how we live our lives?" Mabon's slant was that his ballot measure "won't recognize homosexuality as a minority, won't allow government to promote it or spend public money on it, and won't let it be taught to our children. Other than that, there's no limitation and no restriction." The OCA has been sued a number of times over the years. In October 1992, a jury in Portland awarded a judgment of $31,000 to lesbian photojournalist Catherine Stauffer, as damages for civil battery committed by OCA staffer Scott Lively. Stauffer's gay attorney, Bradley Woodworth, has been unable to collect the judgment from the OCA, as the organization has continually moved funds back and forth among its five entities: the OCA Educational Foundation, No Special Rights Political Action Committee (PAC), OCA PAC, Human Rights League PAC, and the Oregon Christian Coalition. The American Civil Liberties Union (ACLU) of Oregon has been in the forefront of the battle against the OCA, and has been able to get court injunctions against OCA measures that were passed in individual Oregon cities and counties. Following the passage of those measures in 1993, the Oregon Legislature passed HB 3500, which prohibited municipalities and county governments from enacting or enforcing measures that single out individuals based on sexual orientation. In an interview conducted by this reporter last year, ACLU lead attorney Charles Hinkle said Mabon "is like other demogogues from other times and places, a person who latches onto popular slogans and prejudices and exploits them, and fosters ignorance and misunderstanding rather than the truth." Hinkle added that the OCA leadership knows "that many of the things they say about gays and lesbians are false. They know the nondiscrimination laws do not protect gay and lesbian persons. I think that's a very strong indication that their real effort here is to build their own power base. Last year a Portland-area public school teacher was cleared of what the OCA termed "promoting homosexuality," after an investigation by a Portland law firm. The report showed that parents had approved of their sons attending the off-campus workshop called "A New Attitude: Promoting Health Behaviors in a High Risk Society." The misunderstanding about teacher Larry Smith arose from Smith's statement to eighth-grade boys that "if a person has two homosexual experiences, it does not necessarily mean that he or she is gay." Hinkle said that the OCA and its campaign of hatred had been beneficial in one respect: "They've brought a lot more gays and lesbians into the political process. Certainly the gay/lesbian movement is much more visible than it was ten years ago, and partly we have the OCA to thank for that." The G/L/B/T community in Oregon recently lost one of its best warriors in its ongoing battle against the OCA. JUST OUT Editor Ariel Waterwoman lost her struggle against the ravages of cancer on January 3; Waterwoman was 42. ### [David Batterson contributes to Bay Area Reporter (San Francisco), WIRED, WAVE, CONNECT and many other publications.] [NOTE: The following is the exact wording of the OCA's planned Oregon ballot measure it hopes to let voters decide in the November 1996 election.] THE MINORITY STATUS AND CHILD PROTECTION ACT OF 1996 AN ACT The People of the State of Oregon do enact as follows: The Constitution of the State of Oregon is amended by creating a new section to be added to and made a part of Article 1. The new section shall be known as "The Minority Status and Child Protection Act of 1996," and will read as follows: SECTION 41: MINORITY STATUS BASED ON SEXUAL BEHAVIOR PROHIBITED 1. Minority status shall not be based on sexual behavior or desires; therefore, (a) Children, students and employees shall not be advised, instructed or taught by any government agency, department or political subdivision that a person's sexual behavior is the legal or social equivalent to existing minority civil rights classifications. (b) The People find that to be morally opposed to certain sexual behaviors such as homosexuality, when based upon a person's convictions, is a Right of Conscience in accord with Article 1 Section 2 and 3 of this Constitution. Such objection produced by one's moral standards and values is therefore not discrimination relating to civil rights, nor shall it be considered so by any unit of state or local government; therefore, (1) Public funds shall not be expended in a manner that has the purpose or effect of expressing approval of homosexuality. (2) Marital status shall not be recognized or spousal benefits awarded on the basis of homosexuality. 2. Though subsection one is established and in effect, no licenses, permits, services or benefits shall be denied any person otherwise due under existing statute; nor shall the holding or exercise of any rights guaranteed by the Constitution of the State of Oregon or of the United States of America be deprived, nullified or diminished. 3. Though subsection one is established and in effect, with regard to public employees, it shall be generally considered that a person's private lawful sexual behavior is a non-job related factor, provided such consideration does not violate any provision of this Act or of the Constitution of the United States. 4. Though subsection one is established and in effect, books or literature in public libraries which promote or express approval of homosexuality shall be kept from minors; access made available only under parental supervision. Such material must meet local community standards established through the existing library review process. 5. The term minority status shall refer to any class or category of individuals created in the law as a special civil rights classification such as race, religion, gender, national origin, etc. 6. The PEOPLE INTEND that if any part of this enactment be found unconstitutional, the remain parts shall survive in full force and effect. This Act shall be in all parts self-executing. For the purpose of this Act, every Oregon resident and non-profit entity doing business in the State of Oregon has standing. [filed by Lon T. Mabon, Chairman, Oregon Citizens Alliance, P.O. Box 9276, Brooks, OR 97305; 503-463-0653, FAX: 503-463-8745] -------------------------------------------